How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

I was in Chapter 13 in 1999 and all Debt was fullfilled and

Resolved Question:

I was in Chapter 13 in 1999 and all Debt was fullfilled and discharged. I am now being harrassed by a Debt Collector for a credit card account that was part of that bankruptcy. This is the 2nd Debt Collector to call me about this past debt. The first finally admitted that it was a part of the bankruptcy. This 2nd firm refuses to go away. I am currently applying for a copy of my complete discharge as it has been sent to the archives already. My question is from my research that the statue of limitations for credit card debt in Alabama is 3 years. Is there anything I say to these companys to stop thier efforts to collect his debt. Because I believe even if I convince the current Debt Collector another will rear its ulgy head.                                    Thanks, XXXXX XXXXX
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Hello,

Thank you for your question.


The debt collector cannot legally take collection action regarding a discharged debt.


You appear to have an action against the debt collector under the FDCA based upon their attempt to collect a discharged debt.


It is a violation of the Federal Fair Debt Collection Act (FDCA) for a debt collector to use unfair tactics such as harassment, false statements, notify third parties or threaten acts they cannot legally undertake.

You may file suit in Federal Court for each violation of the Act.


I have attached the link to the FDCA for your review.

Federal Fair Debt Collection Act link:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Ellen and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions